PHI LOS 0 P H Y . - Classic Works of Apologetics Online

380 Of the Ad,ninislration of JUjtice.
application may have produced in the judge. If the
det~imination was left to the judge, the party might
s11ffer under the superior interest of his adv~rsary :
if it was left to an unin,tructed jury, his rights would
be in still greater danger from the ignorance of those
who were to decide upon them. The present wise
:a(!lnixrllre of chance and choice jn the constitution of
the cou~·t, in which his cause is tried, guards him
equalJy against the fe:lr of injury fro~l eith~r of these
causes.
In proportion to the acknowledged excellency of
this mode of trial, every deviation from it ought to
br watched with vigilance, and ad.mitted by the legis.
lature \1lith caution and reluctaI11:e. SUllllllary con ..
victions beforejustices of the peace, e~pecial1y for of ..
fences against the ganle la\\'s ; court~ of COllscience s '
~xtending the jurisdiction of court~ of equity; urging
too far the di:.tinction between que!'tions of l